pending at the time of filing of the
application for rectification or such a suit has came to be instituted
subsequent to the application ... passing of
directions to stay trial of the suit. Trial of the suit starts after framing
of issues and commencement of leading of evidence with
court trying the
suit for infringement of a trade mark is bound to
stay the suit if any proceedings for rectification of
the registration ... plaint in the above suit
discloses that the suit is primarily based on
passing off action and the suit is not for
infringement
Plaintiffs were
enjoying the possession of the suit property, no suit for rectification of the
RFA 224/2017 Page 15 of 17
deed was filed ... case. Thus the suit is
barred by limitation. The sale deed being of 24th August, 2011, the suit for
seeking rectification of the same filed
stay/adjournment of proceedings in the suit till the time the
rectification application being ORA/119/2013/TM/KOL filed by plaintiff
before IPAB ... plaintiff, for having applied to the
IPAB for rectification, after the institution of this suit and without seeking
CS(OS) 3534/2012 Page
correction in the Birth Certificate. Therefore, the plaintiff
filed the present suit for rectification of Birth Certificate.
4. After institution of the suit, the suit ... following:
REASONS
9. Point No.1 :- Plaintiff has filed the present
suit for rectification of his Birth Certificate. It is pleaded in
his plaint that
Development Agreement. Hence, on these grounds petitions were filed Civil suit for Rectification of Documents in the Civil Court at Jaysingpur vide ... Rajendra & Respondent no.2, Narendra is correct one. The suit for rectification of document is filed by petitioner bearing
suit. In our view, the suit shall remain a suit for
specific performance of the contract for sale and a
separate independent suit ... Plaintiff is seeking
the specific Performance of the suit property without seeking the
Rectification of said Agreement dated 21st August, 2006.
The perusal
Naresh Chand Jain Vs Mirahul Enterprises and others
(Suit For Rectification & Specific Performance Of The Contract Of Sale dated
02.06.1986 And For Prohibitory Injunction ... forcibly dispossessing
him from the suit property, which was registered as suit
No.304/1986, but the said suit was rejected under Order VII
Rule
defendant no. 1 company.
5. Plaintiff has filed this suit as a suit only seeking
declaration of ownership of being a joint owner ... Companies Act for rectification of
the register and that rectification of register cannot be prayed/granted
in the civil suit. In fact a holistic reading
have jurisdiction to direction the revenue
authorities to rectification of ROR?
5. Whether defendant proves the suit is
barred by limitation?
6. Whether plaintiff proves ... suit property as on the date of suit and
failed to prove that the Court has jurisdiction to direct
the revenue authorities for rectification
